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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100050
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I live in the state of Maryland. After my mother's death my

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i live in the state of Maryland. After my mother's death my brother and I became tenants in common. My brother had lived in the house for many years with my mother prior to her death in 2002. I am not allowed to have a key to the property. He married a woman 6 years ago and I am encouraged not to come to the property. The improvements they made were substandard for the area and the value of the property has declined. the improvements were made without my consent. What are my rights as a tenant in common?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Ely replied 6 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. As a tenant in common, someone in your situation can:

-equal possession of the property

-the right to sell one's own interest

-right to get rental income if the property is being rented

So you can go on the property. Your brother has no right to stop someone in your situation from not going on the property. Period.

If the parties do not get along and cannot agree to share the property, then someone in your situation can file for partition, which is a type of suit asking the Court to decide what is fair with the property, which normally means one party buying the other out lump sum or over time, or, the home being sold and proceeds split.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 6 months ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

Customer: replied 6 months ago.
I want to sue for unlawful ejectment and be compensated for being barred from my property. I don't want to give up my share of the property. I don't want her children to inherit property that was meant to remain in our family and be inherited by the family. Or I want to be compensated for them inhabiting my half of the property.
Is that a possibility?
Expert:  Ely replied 6 months ago.
On this website, I do not always get to give good news, and this is one of these times.
I want to sue for unlawful ejectment and be compensated for being barred from my property.
That would be a weak case. You had every right to come into the property during all this time. You could have literally changed the locks and come in if you wanted to. Since you are co-owners, he could not have stopped you. If he protested, you could have called the police. So really, the only thing that was keeping you away was his word which you chose to follow.
In sum, this is not a very strong case. And there is no "unlawful ejecment" when it comes to co-owners. "Unlawful eviction" applies to tenant/landlord cases, which this is not one.
I don't want to give up my share of the property.
In a partition action, the Court may not force you to, and may decide to order you to buy him out, instead.
I don't want her children to inherit property that was meant to remain in our family and be inherited by the family.
I am sorry to say that this is not quite true. Regardless of what your mother had intended, unless she created a Will that specifically mandated that the property stay in the family, then at the time that you and he became tenants in common, he could do whatever he wanted with his share including inviting guests over, and/or, giving his share away to anyone he chose.
Or I want to be compensated for them inhabiting my half of the property.
Is that a possibility?

I am afraid not unless his guest was paying rent.
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Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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